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Drug And Alcohol Testing, Applicant Consent



This review list is being supplied to you in order to inform you about the document in question and to assist you in preparing it for submission. The less said about this type of material, the better. As long as “all” prospective workers are required to take the same exam, your business is safeguarded. If you offer exceptions for any unsuccessful applicants, a failed applicant who does not receive an exception has grounds for a successful legal challenge. Take this advice.


  1. Ensure that the applicant signs this document in the presence of a witness. Encourage

the candidate to seek work elsewhere if they have any issues or concerns with the test.


  1. Employees of the company should not attempt to rationalize the exam to a candidate. “It is what it is,” is the response. Anything else puts you at risk of legal dispute. You are generally permitted to administer such exams, but you are not permitted to administer them for biased motives. Given that “bias” is frequently determined by the observer, in this example a judge if you go to court, you are recommended to just state that it is corporate policy – which is totally appropriate in the majority of circumstances.


  1. Additionally, avoid discussing the policy’s reasons with personnel. This is also subject to judicial discovery. Again, the less stated about these topics, the better. Whatever is, is. That is sufficient.





Consent to Drug and Alcohol Testing


I, __________________, understand that ___________________ (“Company”) requires all applicants for employment to take a urine test for drug and/or alcohol use.

I hereby freely and voluntarily give my consent to such test, to be administered on, _______________, having been fully informed of the test procedure involved, of what I am being tested for, and that a copy of the results will be forwarded to and placed in my record if I am ultimately hired. If not hired, I understand that the Company shall destroy all such records.

I also understand that, in the event of a positive test result, the Company will give me an opportunity to explain such a result.


Consent to Drug and Alcohol Testing
Review List

This review list is provided to inform you about this document in question and assist you in its preparation. In this kind of document, the less said the better. As long as “all” prospective employees must take the same test, your company is on firm ground. If you make exceptions to for any failed applicants, then a failed applicant who did not get an exception made on their behalf has grounds for a successful challenge in court. Be so advised.

1. Be sure the applicant signs this in front of a witness. If the applicant has any questions or difficulties about the test encourage them to seek employment elsewhere.

2. Company employees should not justify the test to an applicant. The answer is “It is what it is.” Anything else subjects you to challenge in court. You are allowed to have such tests, as a rule, but you are not allowed to have them for biased reasons. Since “bias” is often in the eye of the observer, in this case a judge if you go to court, you are advised to just say it is company policy – which is perfectly acceptable in most cases.

3. In addition, do not discuss the policy reasons with employees. This is subject to discovery by a court as well. Again, the less said the better in these matters. It is what it is. Leave it at that.



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